Preview
FILED: NEW YORK COUNTY CLERK 07/27/2020 07:31 PM INDEX NO. 654095/2019
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/27/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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HIGH LINE DEVELOPMENT LLC,
Index No.:
654095/2019
Plaintiff,
-against- AFFIRMATION IN
SUPPORT
NEATPPON CHELSEA LLC and JOHNNY WOOH,
Defendants.
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ANDREW PISTOR, an attorney duly admitted to practice before the courts of
this state hereby affirms under the penalty of perjury that:
1. I am associated with Cyruli Shanks Hart Zizmor LLP, the attorneys for the
plaintiff, HIGH LINE DEVELOPMENT LLC (the "Plaintiff"), in the above captioned
action.
2. I submit this affirmation in support of Plaintiff's renewed motion,
pursuant to CPLR 3215 granting a default judgment in favor of Plaintiff and against
defendants, Neatppon Chelsea LLC (the "Tenant") and Johnny Wooh (the "Guarantor")
(collectively, the "Defendant"), and for such other relief as this Court may deem just and
proper.
3. This is an action to recover damages sustained by Plaintiff as a result of
14th
Tenant's defaults under a lease for certain premises at 450 West Street, New York,
New York, with a commencement date of September 8, 2018 and expiration date of
January 31, 2034 (the "Lease"). As a result of Tenant's failure to cure said defaults,
Plaintiff terminated the lease effective as of May 22, 2019.
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4. Tenant is liable to Plaintiff under the Lease (i)in the sum of $106,274.00,
representing the Fixed Annual Rent and Additional Rent, as those terms are defined in
the Lease, through May 2019 and (ii) in the sum of $15,294,589.40, representing the all
Fixed Annual Rent reserved under the Lease through January 31, 2034.
5. As guarantor of Tenant's obligations under the Lease, Guarantor is liable
to Plaintiff (i) pursuant to that certain Good Guy Guaranty dated September 7, 2018, for
damages in the sum of $15,294,589.40, and (ii) pursuant to that certain Guaranty dated
September 7, 2018, for damages in the sum of $1,000,000.00.
PROCEDURAL HISTORY
6. Plaintiff commenced this action on July 17, 2019 by filing the original
summons and complaint with the New York County Clerk (a copy of the summons and
complaint is annexed hereto as Exhibit A).
7. On July 24, 2019, Plaintiff served Tenant with copies of the summons and
complaint pursuant to BCL § 306 (copies of the affidavit of service to that effect and the
receipt from the New York Secretary of State are annexed hereto as Exhibit B).
8. On July 30, 2019, Plaintiff served Guarantor with copies of the summons
and complaint pursuant to CPLR 308 (a copy of the affidavit of service to that effect is
annexed hereto as Exhibit C).
9. On August 23, 2019, Plaintiff served Tenant with notice of service
pursuant to BCL §306 and an additional copy of the Complaint at its last known and
currently listed business address pursuant to CPLR 3215(g) (copies of the notice of
service and the affirmation of service to that effect are annexed hereto as Exhibit D).
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FILED: NEW YORK COUNTY CLERK 07/27/2020 07:31 PM INDEX NO. 654095/2019
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/27/2020
10. On that same date, Plaintiff served Guarantor with notice of service
pursuant to CPLR 308 and an additional copy of the Complaint at Guarantor's place of
residence pursuant to CPLR §3215(g) (copies of the notice of service and the affirmation
of service to that effect are annexed hereto as Exhibit E).
11. To date, Defendants have failed to appear in the within action or answer
Defendants'
Plaintiff's summons and verified complaint. Moreover, time to do so has
expired.
12. This is the second motion for default judgment in this action. On or about
August 23, 2019, Plaintiff made a motion for Default Judgment ("First Motion"). In a
decision and order dated January 8, 2020, this Court denied, without prejudice, Plaintiff's
First Motion (the "Decision") (copy of the Decision annexed hereto as Exhibit F).
13. The Decision permitted Plaintiff to file the instant motion which addresses
deficiencies of the First Motion identified by the Court in itsDecision. The complaint
filed in this action alleges rent and additional rent due though January 31, 2034 in the
amount of $16,926,975.00 (see Pistor Aff., Ex. A, ¶ 17). The lesser amount sought in this
default judgment, $15,294,589.40, is a result of Plaintiff's decision to not include real
estate tax recovery charges through January 31, 2034 (see Alba Aff., ¶ 11).
14. The Decision also required Plaintiff to submit a valid non-military
affidavit for defendant Guarantor accompanying the instant motion. Therefore, annexed
hereto as Exhibit G, is a copy of a valid non-military affidavit for defendant Guarantor.
10. Defendants are and remain in default as they failed to appear in the within
action and to answer Plaintiff's summons and complaint.
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11. The underlying facts concerning the Lease and breach thereof by Tenant,
as well as the Guarantor's obligations as a guarantor, and Plaintiff's entitlement to
recovery of damages from Defendants in the specified amounts, are set forth in the
annexed affidavit of John Alba, Vice President of Plaintiff.
attorneys'
12. Plaintiff waives its claims under the fifth cause of action for
fees as set forth in the Complaint.
13. One prior application for the relief request herein has been made, the First
Motion.
14. By reason of the foregoing, it is respectfully requested that this Court
grant Plaintiff's motion in its entirety and award Plaintiff a judgment: (i) on Plaintiff's
first cause of action against Tenant in the sum of $106,274.00, plus interest thereon from
May 22, 2019; (ii)on Plaintiff's second cause of action against Tenant in the sum of
$15,294,589.40, plus interest thereon from May 22, 2019, (iii) on Plaintiff's third cause
of action against Guarantor in the sum of $15,294,589.40, plus interest thereon from May
22, 2019, (iv) on Plaintiff's fourth cause of action against Guarantor in the sum of
$1,000,000.00, plus interest thereon from May 22, 2019, and (v) for such other and
further relief as this Court may deem just and proper.
Dated: New York, New York
July 27, 2020
/s/ Andrew C. Pistor
Andrew Pistor
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Preview
FILED: NEW YORK COUNTY CLERK 07/27/2020 07:31 PM INDEX NO. 654095/2019 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/27/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------------X HIGH LINE DEVELOPMENT LLC, Index No.: 654095/2019 Plaintiff, -against- AFFIRMATION IN SUPPORT NEATPPON CHELSEA LLC and JOHNNY WOOH, Defendants. -------------------------------------------------------------------------X ANDREW PISTOR, an attorney duly admitted to practice before the courts of this state hereby affirms under the penalty of perjury that: 1. I am associated with Cyruli Shanks Hart Zizmor LLP, the attorneys for the plaintiff, HIGH LINE DEVELOPMENT LLC (the "Plaintiff"), in the above captioned action. 2. I submit this affirmation in support of Plaintiff's renewed motion, pursuant to CPLR 3215 granting a default judgment in favor of Plaintiff and against defendants, Neatppon Chelsea LLC (the "Tenant") and Johnny Wooh (the "Guarantor") (collectively, the "Defendant"), and for such other relief as this Court may deem just and proper. 3. This is an action to recover damages sustained by Plaintiff as a result of 14th Tenant's defaults under a lease for certain premises at 450 West Street, New York, New York, with a commencement date of September 8, 2018 and expiration date of January 31, 2034 (the "Lease"). As a result of Tenant's failure to cure said defaults, Plaintiff terminated the lease effective as of May 22, 2019. 1 of 4 FILED: NEW YORK COUNTY CLERK 07/27/2020 07:31 PM INDEX NO. 654095/2019 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/27/2020 4. Tenant is liable to Plaintiff under the Lease (i)in the sum of $106,274.00, representing the Fixed Annual Rent and Additional Rent, as those terms are defined in the Lease, through May 2019 and (ii) in the sum of $15,294,589.40, representing the all Fixed Annual Rent reserved under the Lease through January 31, 2034. 5. As guarantor of Tenant's obligations under the Lease, Guarantor is liable to Plaintiff (i) pursuant to that certain Good Guy Guaranty dated September 7, 2018, for damages in the sum of $15,294,589.40, and (ii) pursuant to that certain Guaranty dated September 7, 2018, for damages in the sum of $1,000,000.00. PROCEDURAL HISTORY 6. Plaintiff commenced this action on July 17, 2019 by filing the original summons and complaint with the New York County Clerk (a copy of the summons and complaint is annexed hereto as Exhibit A). 7. On July 24, 2019, Plaintiff served Tenant with copies of the summons and complaint pursuant to BCL § 306 (copies of the affidavit of service to that effect and the receipt from the New York Secretary of State are annexed hereto as Exhibit B). 8. On July 30, 2019, Plaintiff served Guarantor with copies of the summons and complaint pursuant to CPLR 308 (a copy of the affidavit of service to that effect is annexed hereto as Exhibit C). 9. On August 23, 2019, Plaintiff served Tenant with notice of service pursuant to BCL §306 and an additional copy of the Complaint at its last known and currently listed business address pursuant to CPLR 3215(g) (copies of the notice of service and the affirmation of service to that effect are annexed hereto as Exhibit D). 2 2 of 4 FILED: NEW YORK COUNTY CLERK 07/27/2020 07:31 PM INDEX NO. 654095/2019 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/27/2020 10. On that same date, Plaintiff served Guarantor with notice of service pursuant to CPLR 308 and an additional copy of the Complaint at Guarantor's place of residence pursuant to CPLR §3215(g) (copies of the notice of service and the affirmation of service to that effect are annexed hereto as Exhibit E). 11. To date, Defendants have failed to appear in the within action or answer Defendants' Plaintiff's summons and verified complaint. Moreover, time to do so has expired. 12. This is the second motion for default judgment in this action. On or about August 23, 2019, Plaintiff made a motion for Default Judgment ("First Motion"). In a decision and order dated January 8, 2020, this Court denied, without prejudice, Plaintiff's First Motion (the "Decision") (copy of the Decision annexed hereto as Exhibit F). 13. The Decision permitted Plaintiff to file the instant motion which addresses deficiencies of the First Motion identified by the Court in itsDecision. The complaint filed in this action alleges rent and additional rent due though January 31, 2034 in the amount of $16,926,975.00 (see Pistor Aff., Ex. A, ¶ 17). The lesser amount sought in this default judgment, $15,294,589.40, is a result of Plaintiff's decision to not include real estate tax recovery charges through January 31, 2034 (see Alba Aff., ¶ 11). 14. The Decision also required Plaintiff to submit a valid non-military affidavit for defendant Guarantor accompanying the instant motion. Therefore, annexed hereto as Exhibit G, is a copy of a valid non-military affidavit for defendant Guarantor. 10. Defendants are and remain in default as they failed to appear in the within action and to answer Plaintiff's summons and complaint. 3 3 of 4 FILED: NEW YORK COUNTY CLERK 07/27/2020 07:31 PM INDEX NO. 654095/2019 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/27/2020 11. The underlying facts concerning the Lease and breach thereof by Tenant, as well as the Guarantor's obligations as a guarantor, and Plaintiff's entitlement to recovery of damages from Defendants in the specified amounts, are set forth in the annexed affidavit of John Alba, Vice President of Plaintiff. attorneys' 12. Plaintiff waives its claims under the fifth cause of action for fees as set forth in the Complaint. 13. One prior application for the relief request herein has been made, the First Motion. 14. By reason of the foregoing, it is respectfully requested that this Court grant Plaintiff's motion in its entirety and award Plaintiff a judgment: (i) on Plaintiff's first cause of action against Tenant in the sum of $106,274.00, plus interest thereon from May 22, 2019; (ii)on Plaintiff's second cause of action against Tenant in the sum of $15,294,589.40, plus interest thereon from May 22, 2019, (iii) on Plaintiff's third cause of action against Guarantor in the sum of $15,294,589.40, plus interest thereon from May 22, 2019, (iv) on Plaintiff's fourth cause of action against Guarantor in the sum of $1,000,000.00, plus interest thereon from May 22, 2019, and (v) for such other and further relief as this Court may deem just and proper. Dated: New York, New York July 27, 2020 /s/ Andrew C. Pistor Andrew Pistor 4 4 of 4